Oireachtas Joint and Select Committees

Wednesday, 10 November 2021

Select Committee on Housing, Planning and Local Government

Maritime Area Planning Bill 2021: Committee Stage (Resumed)

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I want to comment on that last point because Deputy Boyd Barrett is absolutely right. The concern I have is the frequency of very significant decisions by An Bord Pleanála with respect to terrestrial planning applications where there is dispute over which has precedence, national planning guidelines or local county and city development plans. They have been increasing and there is now a precedent over about five cases. One relates to strategic development zones, SDZs, the other relates to retail strategies. The assumption central Government had had up until this point was that a national planning framework terrestrially took precedence, or ministerial guidelines - and this document has much to say about those - take precedence but the courts have found that is not the case on at least five occasions. They are unique and may or may not be comparable to the kind of decisions we are dealing with here. All I would urge the Minister of State to do is be conscious that although central Government says the national planning framework, the marine planning framework and ministerial guidelines take precedence, the courts are not agreeing with that at the moment. With some of the cases, my non-legal opinion is I am sympathetic to the court's decision and with other cases I am not so sympathetic to their decision. However, the courts' trend at the moment suggests this is more complicated than the Minister of State's answer has suggested. To go back to the point we have made from the start, what we do not want is want much-needed offshore wind to be locked into interminable judicial reviews at the High Court, the Court of Appeal and up into the Supreme Court. We want good-quality planning decisions at the outset. I emphasise that to the Minister of State.

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